QUESTION

What happens if you get arested for identity theft?

Asked on May 02nd, 2011 on Criminal Law - California
More details to this question:
My girlfriend was arrested for identity theft for going to the hospital as her sister, and she cant remember doing that cause her mental illness causes her to forget things and act on impulse if she does not have medication. What will happen to her?
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16 ANSWERS
Answered on Aug 31st, 2011 at 10:17 AM
She could possibly be charged with idendity theft depending on what occured, but from what you are saying she might very well have a very valid defense. If that happens, she needs to retain an experienced criminal attorney right away.

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Answered on May 06th, 2011 at 10:50 AM
Your girlfriend should contact an experienced criminal defense attorney immediately to discuss her case more thoroughly and in confidence. However, based upon the facts and circumstances you have described, your girlfriend may have available to her a pretrial diversionary program known as the Supervised Diversionary Program. This program is specifically designed for defendants who have mental health issues that contributed to their arrest. If the defendant is accepted into the program and successfully completes it, then he or she is entitled to have their case dismissed.

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Answered on May 05th, 2011 at 10:09 AM
She will be prosecuted, possible jail and probation. I highly recommend hiring an attorney to represent her. Visit my website for more information.

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Answered on May 05th, 2011 at 9:02 AM
The penalties for identity theft are based upon the age of the victim as well as the perceived value of the goods, services, or anything else of value received from the crime. In any event the potential penalties are very serious and can result in considerable jail time and fines. If you girlfriend has a documented diagnosis for some sort of mental illness this could present a possible defense but you will need to hire an attorney for her in order to make sure that it is properly presented to the court.

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Answered on May 04th, 2011 at 10:48 AM
What happens on an identity theft case ultimately depends on the facts and circumstances involved which would include any defenses to the case such as the mental health issues you described in your question. Unfortunately, without more information, it wouldn't be prudent or helpful to you to try and speculate about the potential consequences without more information about the facts and about your girlfriend. The best thing for you and your girlfriend to do is to immediately contact an experienced criminal defense attorney to thoroughly evaluate all the circumstances involved in this matter. I hope this answer was helpful. Good luck.

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Answered on May 04th, 2011 at 9:35 AM
Get an attorney. Bring in all papers on her condition. This should be a summery probation case.

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Answered on May 04th, 2011 at 9:28 AM
Not nearly enough information to give an accurate response. Please contact an attorney near you.

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Answered on May 04th, 2011 at 8:57 AM
Identity theft in Alabama is a serious charge. I have listed the appropriate Alabama statute here: *Section 13A-8-192* Identity theft. (a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following: (1) Obtains, records, or accesses identifying information that would assist in accessing financial resources, obtaining identification documents, or obtaining benefits of the victim. (2) Obtains goods or services through the use of identifying information of the victim. (3) Obtains identification documents in the victim's name. (b) Identity theft is a Class C felony. As you can see, in Alabama, Identity theft is a Class C Felony, which is punishable by up to a year in Jail and a $2000 fine for each offense. Anyone with two prior felonies could be facing the Habitual Offender Act. However, your question states that your girlfriend has a mental illness. This illness may can negate the "intent" factor necessary to commit identity theft. Thus, if she did not understand what she was doing, or was not in control of her actions, she likely has a good defense to the charge. I highly suggest you contact an experienced Alabama Criminal Defense Attorney as soon as possible. If I can answer any other questions or help further, please feel free to give me a call at 205-981-2450. I have also included lots of pertinent and helpful information on my website and my Alabama Criminal Defense Blog.

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Answered on May 04th, 2011 at 8:50 AM
She could be charged with a felony and that is not a good thing at all. It would be best to hire a lawyer for her to handle this type of case or it could have bad repercussions later. Also, she may have a legitimate defense to the charges. Good luck.

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Answered on May 04th, 2011 at 8:44 AM
She needs to get an attorney immediately to represent her in this criminal matter & if she cannot afford an attorney, an attorney from the Public Defender's office will be appointed by the court.

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Answered on May 03rd, 2011 at 12:35 PM
Identity theft is taken seriously by the Court. But if your girlfriend has a documented mental illness, that can likely be a defense. I would recommend speaking to an attorney in more detail about the case.

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Answered on May 03rd, 2011 at 12:27 PM
Get her a lawyer or the Public Defender.

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Answered on May 03rd, 2011 at 11:29 AM
Mental health cases are among the most difficult to deal with in the criminal system. There are far to many variable to say what will happen, but if she is charged she needs to get a good lawyer who can advocated for her.

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Answered on May 03rd, 2011 at 11:25 AM
Identity theft could be a felony charge, depending on the circumstances. The interrelated issues of competency of defenses based on mental irresponsibility are best handled by an experienced criminal defense attorney.

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Answered on May 03rd, 2011 at 11:24 AM
The charge can be a felony or misdemeanor depending on what happened. Get a good lawyer. I am a former federal and State prosecutor and now handle criminal defense.

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Answered on May 03rd, 2011 at 11:04 AM
If charged with a felony, you potentially face one or more years in prison if convicted.

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